Timely Intervention Matters Address disputes promptly. The sooner you engage in ADR, the greater the chance of finding a resolution before tensions escalate. Early intervention can save time, costs, and relationships.
The Claimant, an Enterprise Messaging & Digital Marketing company that offers reliable, quality, and cost-effective services in the areas of Messaging, Voice Solutions, Digital Marketing, and Software & Applications Development. The Respondent is IT Solution Provider, a company that offers technology and software solutions to its clients. The dispute arose over the payment of Rs. 1,50,000.
As the parties failed to resolve the dispute through negotiations, the Claimant filed a case with PrivateCourt, seeking payment of Rs. 1,50,000.
The dispute arose when the Claimant engaged the services of the Respondent for the development of a software application. As per the agreement, the Respondent was responsible for providing the services within a stipulated timeframe and to the satisfaction of the Claimant. However, the Respondent failed to deliver the promised services within the agreed timeframe and to the satisfaction of the Claimant. This led to a delay in the deployment of the application, causing financial losses to the Claimant.
The Claimant demanded compensation from the Respondent for the delay and subpar work. However, the Respondent disputed the claim, citing that the services were provided as per the agreement. The Respondent argued that any delay was due to the Claimant's failure to provide the necessary inputs and information in a timely manner. The Respondent also argued that the work delivered was of good quality and met the requirements specified in the agreement.
The Claimant argued that the delay and subpar work by the Respondent had caused significant financial losses to the company. The Claimant provided evidence in the form of emails and communication between the parties to support its claim.
On the other hand, the Respondent argued that the Claimant had failed to provide the necessary inputs and information in a timely manner, which led to delays in the project. The Respondent also argued that the work delivered was of good quality and met the requirements specified in the agreement. The Respondent provided evidence in the form of emails and communication between the parties to support its claim.
After the case was referred to PrivateCourt, the team started the proceedings. The first step was to thoroughly vet the case by requesting and reviewing all relevant documents and information from both parties. This process was done to ensure that the case was eligible for conciliation and to establish the merits of each party's claims.
Once the vetting was completed, the PrivateCourt team followed the protocol for conciliation by scheduling a meeting between the parties via Zoom and audio call conference as per the Notice of Conciliation. However, before the scheduled meeting, the Respondent had a discussion with the PrivateCourt team and informed them that they wished to settle the issue by paying the claimed amount as per the agreement.
Despite the Respondent's willingness to settle the dispute, the PrivateCourt team still proceeded with the scheduled conciliation meeting as a formality to ensure that both parties had the opportunity to discuss and resolve any other outstanding issues. During the meeting, the parties confirmed that they had amicably agreed to settle the matter at Rs. 1,50,000 as a full and final payment.
The settlement agreement between the parties stipulated that the Respondent would pay Rs. 1,50,000 as a full and final payment to settle the matter. The Claimant agreed to furnish a physical copy of the confirmation letter stating that after payment of Rs. 1,50,000, there are no pending dues and the Claimant has no claim against the Respondent. The Claimant also agreed to furnish the physical copy of ledger accounts with the seal and signature of the authorised representative of the company within fifteen (15) days of signing the agreement. It was mentioned that any dispute arising between the parties with regard to this settlement agreement shall be resolved through e-arbitration as per the rules of PrivateCourt.
The dispute between the Claimant and Respondent highlights the importance of effective communication and timely delivery of services. The successful settlement agreement reached between the parties underscores the importance of resolving disputes through alternative dispute resolution methods such as conciliation.
